A. Requests for rezoning (text or map) shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials fully explaining the proposed change, development of use and list of property owners located within three hundred fifty feet (350') of the subject property. Said property owners' list shall be certified by the county or city. The request for amendment shall be placed on the agenda of the first possible planning commission meeting occurring twenty one (21) days from the date of submission of the application. The request shall be considered officially submitted when all the informational requirements are complied with.
B. The applicant shall supply proof of title of the property for which the rezoning is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested rezoning.
C. Upon receipt of said application, the city administrator shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and recommendations to the city council. Notice of said hearing shall consist of a legal property description and description of the request, and shall be published in the official newspaper at least ten (10) days prior to hearing. Written notice of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the property in question.
D. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance.
E. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to the city council.
F. The planning commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
3. The proposed use conforms with all performance standards contained herein.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.
6. Traffic generation by the proposed use is within the capabilities of streets serving the property.
G. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
H. The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.
I. The planning commission shall recommend approval or denial of the request.
J. The city council shall not act upon an amendment until they have received a report and recommendation from the planning commission or until sixty (60) days after the first regular planning commission meeting at which the request was considered.
K. Upon receiving the report and recommendation of the planning commission, the city administrator shall place the report and recommendation on the agenda for the next regular city council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
L. Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary.
M. If, upon receiving said reports and recommendations of the planning commission, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council will differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
N. Approval of a request for an amendment (text or map) shall require passage by a majority vote of the city council, except approval of a request for an amendment which changes all or part of an existing residential zoning district classification to either a commercial or industrial district shall require passage by a four-fifths (4/5) vote of the entire city council.
O. The amendment shall not become effective until such time as the city council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper.
P. Whenever an application for an amendment has been considered and denied by the city council, a similar application and proposal for the amendment affecting either a portion or all of the same property shall not be considered again by the planning commission or city council for at least one year from the date of its denial, except as follows:
1. Applications are withdrawn prior to the city council taking action on the matter.
2. If the city council determines that the circumstances surrounding a previous application have changed significantly.
3. If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the entire city council. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code; Ord. 2009-012, 4-6-2009)